CJP Nisar defends judicial activism, terms it ‘constitutional responsibility’


–Top judge says judiciary has never interfered in internal matters of any state institution

–Says judiciary is guardian of people’s fundamental rights


LAHORE: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday said it was the “judiciary’s constitutional responsibility” to tackle the flaws of institutions.

Justice Nisar, while addressing the convocation ceremony of Services Institute of Medical Sciences (SIMS) in Lahore, said that ensuring the provision of proper health services was neither his nor court’s job; however, curbing flaws of institutions is the constitutional responsibility of the judiciary.

He, however, went on to defend his judicial activism. The judiciary is the “guardian of the fundamental rights of the people of Pakistan” by the law and thus it’s “bound to ensure that the rights of the people are protected”.

“There were flaws in hospital management systems and it was our responsibility to deal with them,” he said, adding that judiciary did not interfere in the internal matters of any institution.

The top judge further said that private hospitals have become business centres and are no longer academic institutes. He further said that Rs726 million were recovered from the millions earned by private medical colleges as fee and were returned to the students.

Furthermore, Justice Nisar talked about female doctors who abandon practice after getting their degrees. “If you sit at home and become housewives [after receiving medical education], you violate the oath that you swore today, which is to help the miserable.”

He said that the constitution had ended the quota system where women were allotted lesser seats than men, so that admissions are given on the basis of merit. It is detrimental to society, he said, when female doctors abandon their profession.

The chief justice urged female students to convince their families to facilitate them so they can serve as doctors and repay the resources provided to them by the state.

Justice Nisar, while recalling incidents from his childhood, said, “When I was eight years old, I used to take my mother to the doctor in a horse carriage and we used to spend hours at the clinic. My mother taught my brother and me to serve humanity and prayed to God to protect us from all difficulties.”

“Those who suffer greatly, understand the pain of others,” the top judge added. “I began my mission with my mother’s teachings in mind,” he continued.

“I have spent my whole life working for the provision of justice. The purpose of my life is to stay loyal to my profession,” he said, adding that moral righteousness was his motto.

“The real service is to fulfil your professional responsibilities with sincerity. My test has started and its results will come after I retire,” he added.